A judgment on the pleadings is granted in the rare instance where a party is entitled to a judgment as a matter of law based solely on review of the complaint and the answer. It is a procedural device embodied in Rule 1.140(c) of the Florida Rules of Civil Procedure. “After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings.” Fla. R. Civ. P. 1.140(c).
“A motion for judgment on the pleadings pursuant to [Rule] 1.140(c) is a very limited procedural device. The motion must be decided on the pleadings without reference to facts which may be properly considered under other procedural vehicles and without the aid of outside matters.” Ray v. Elks Lodge #1870, 649 So. 2d 292, 293 (Fla. 4th DCA 1995).
“A judgment on the pleadings should be granted only when the party is clearly entitled to a judgment as a matter of law based solely on the pleadings.” Ray, 649 So. 2d at 293. As such, “[a] judgment on the pleadings is appropriate where only issues of law are raised.” Scarborough Assocs. v. Fin. Fed. Sav. & Loan Ass’n, 647 So. 2d 1001, 1002 n.2 (Fla. 3d DCA 1994). The Third District Court of Appeals summarized the law quite succinctly in Scarborough Assocs.:
“In ruling on a motion for judgment on the pleadings material allegations of the moving party which have been denied are taken as false. Conclusions of law also are not deemed admitted for purposes of the motion. The court must accept as true all well-pleaded allegations of the non-moving party. Judgment on the pleadings can be granted only if, on the facts as admitted for purposes of the motion, the moving party is clearly entitled to judgment.” Scarborough Assocs., 647 So. 2d at 1002 (quotation omitted).
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